Do I need a license to provide hosting services? (Telematic communication services) Or a conspiracy of consulting companies
Why do I consider myself competent to answer this question? Our company provides services for the storage of sites in the framework of technical support. And before we started to render them, we faced a question whether a license is needed or not needed, after reading the Internet, we came to the conclusion that we needed it. (erroneously)
Last week I was called to Roskomnadzor, to draw up a protocol on an administrative offense, where I learned that a license was not needed to provide hosting. Not needed at all. And even the opposite is harmful (below details). Therefore, this week we will refuse it and take it back.
Too lazy to read, short answer:
Need not.
If you do not keep client mail on your server and do not provide clients with access to the Internet (most likely your provider does it for you, where you rent a server or data center where you host your server).
')
That is, if you are just going to sell capacity and disk space (like most beginners and existing hosts), then you absolutely do not need a license.
Also, the possibility of providing hosting services without a license is confirmed by Roskomnadzor, at the official request.
More detailed answer:
Plot consulting services.
All information on this issue, which will be found by you, is mainly left by consulting companies, who write that the license is very necessary and without it you will face huge fines and even criminal liability! After such passions, of course, you immediately want to get such a protective license, and assistance in obtaining it costs the company acceptable money from 5 to 20 thousand rubles.
But it turns out you get the opposite penalty for obtaining a license:) ...
What is harmful to obtain a license
By obtaining a license, you agree to deduct 1.2% from receiving payment for the provision of "telematic communication services" or undertake to submit a "zero" report once a quarter that there are no payments for providing these services so far.
For failure to provide such a report you face a fine of 30 to 200 thousand rubles (Part 3 of Article 14.1 of the Administrative Code of the Administrative Code of the Russian Federation). For example, we did not know this ... However, for the first time, there seems to be a warning (the court will decide).
Also, the license obliges you to independently contact the Federal Security Service, the Emergencies Ministry and other bodies, to provide all the necessary data to start cooperation. All this is indicated in the annex to the license and was explained to me by Roskomnadzor staff.
Of course, the cases are different and maybe you don’t have one like us, leave comments, we’ll try to sort things out together, I also don’t give Roskomnadzor contacts, but if the question is complex and everything is interesting, I can consult the department directly.
UPD 09/14/16
About how to cancel the license (terminate), read in the comments, if something is not clear, ask.
Last week I was called to Roskomnadzor, to draw up a protocol on an administrative offense, where I learned that a license was not needed to provide hosting. Not needed at all. And even the opposite is harmful (below details). Therefore, this week we will refuse it and take it back.
Too lazy to read, short answer:
Need not.
If you do not keep client mail on your server and do not provide clients with access to the Internet (most likely your provider does it for you, where you rent a server or data center where you host your server).
')
That is, if you are just going to sell capacity and disk space (like most beginners and existing hosts), then you absolutely do not need a license.
Also, the possibility of providing hosting services without a license is confirmed by Roskomnadzor, at the official request.
More detailed answer:
Plot consulting services.
All information on this issue, which will be found by you, is mainly left by consulting companies, who write that the license is very necessary and without it you will face huge fines and even criminal liability! After such passions, of course, you immediately want to get such a protective license, and assistance in obtaining it costs the company acceptable money from 5 to 20 thousand rubles.
But it turns out you get the opposite penalty for obtaining a license:) ...
What is harmful to obtain a license
By obtaining a license, you agree to deduct 1.2% from receiving payment for the provision of "telematic communication services" or undertake to submit a "zero" report once a quarter that there are no payments for providing these services so far.
For failure to provide such a report you face a fine of 30 to 200 thousand rubles (Part 3 of Article 14.1 of the Administrative Code of the Administrative Code of the Russian Federation). For example, we did not know this ... However, for the first time, there seems to be a warning (the court will decide).
Also, the license obliges you to independently contact the Federal Security Service, the Emergencies Ministry and other bodies, to provide all the necessary data to start cooperation. All this is indicated in the annex to the license and was explained to me by Roskomnadzor staff.
Of course, the cases are different and maybe you don’t have one like us, leave comments, we’ll try to sort things out together, I also don’t give Roskomnadzor contacts, but if the question is complex and everything is interesting, I can consult the department directly.
UPD 09/14/16
About how to cancel the license (terminate), read in the comments, if something is not clear, ask.
Source: https://habr.com/ru/post/309778/
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